HQ 085860: Classification of a plastic picnic container

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                      HQ 085860

                                  January 19, 1990



          CLA-2:CO:R:C:G  085860  SR

          CATEGORY:  Classification

          TARIFF NO.:  3923.10.00

          Mr. Gerry A. Palomo
          Japan Freight Consolidators, Inc.
          P.O.Box 280517
          San Francisco International Airport
          San Francisco, CA 94128-0517

          RE: Classification of a plastic picnic container

          Dear Mr. Palomo:

               This is in reference to your letter dated September 19,
          1989, requesting the classification of a plastic picnic container
          under the Harmonized Tariff Schedule of the United States
          Annotated (HTSUSA).  A sample produced in Japan was submited.

          FACTS:

               The merchandise at issue consists of a molded plastic case
          with a handle.  The case measures 8 1/2 inches high by 12 inches
          long by 4 inches thick.  The case contains a plastic plate, bowl,
          mug, fork and spoon.

          ISSUE:

               What is the classification of the picnic container at issue?

          LAW AND ANALYSIS:

               Classification of goods under the HTSUSA is in accordance
          with the General Rules of Interpretation (GRI), taken in order.
          GRI 3(b) provides that goods put up in sets for retail sale shall
          be classified as if they consisted of the material or component
          which gives them their essential character.  The Explanatory
          Notes provide the official interpretation of the tariff at the


















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          international level.  The Explanatory Notes to GRI 3(b) define
          goods put up in sets for retail sale to mean goods which consist
          of at least two different articles which are prima facie,
          classifiable in different headings, consist of products or
          articles put up together to meet a particular need or carry out a
          specific activity, and are put up in a manner suitable for sale
          directly to users without repacking.  The picnic case with dishes
          and utensils meets this definition of a set.  Each of the
          separate items that are included with the case are prima facie
          classifiable in different headings.  They all are intended for
          use on a picnic and they come packaged together.

               The essential character of the item is imparted by the
          plastic container.  It is the bulk of the article and plays the
          main role.  It serves to hold all the other components of the set
          as well as food.  The cooler is classifiable under heading 3923,
          HTSUSA, which provides for articles for the conveyance or packing
          of goods, of plastics.  The cooler is used to store food and to
          convey it to a picnic.

               HRL 083856, dated May 18, 1989, dealt with plastic Thermos-
          type beverage holders.  These beverages holders were classified
          under heading 3923, HTSUSA, as articles for the conveyance or
          packing of goods, of plastics.  These beverage holders, like the
          coolers at issue, are purchased empty and filled by the consumer
          and are used to transport liquid beverages.  HRL 083362, dated
          July 21, 1989, dealt with a moulded plastic insulated picnic
          cooler which contains special compartments and containers to
          preserve and carry food.  These picnic coolers were classified
          under heading 3923, HTSUSA, as articles for the conveyance or
          packing of goods, of plastics.

          HOLDING:

               The merchandise at issue is classifiable under subheading
          3923.10.0000, HTSUSA, which provides for articles for the
          conveyance or packing of goods, of plastics, boxes, cases,
          crates, and similar articles.  The rate of duty is 3 percent ad
          valorem under the General duty rate column.

                                             Sincerely,




                                             John Durant, Director
                                             Commercial Rulings Division

















          6 cc A.D. New York Seaport
          1 cc Durant
          1 cc legal reference